Help Required - I-864A

[Shajee Afzal]

Hello Everyone,

I am currently going through the process of getting US immigration visa and need some help regarding it. My father, who is a also an immigrant, has filled immigration petition for me. Now since he doesn't earn much, he can't financially sponsor me. My brother-in-law, who lives in the same house as my father and is very financially stable, has taken the responsibility of becoming my financial sponsor. Now during the visa process, my father filled the I-864 form (which I think was a mistake as it was to be filled by financial sponsor, which is my brother-in-law). Now I-864A was filled by my brother-in-law as a household member and my father signed the I-864A as a sponsor. After submitting both forms, we got an email from NVC that they have received all the documents but one document is missing that being the form I-864 filled by my brother-in-law. So we again submitted the form I-864 but this time filled by my brother-in-law. As they had only mentioned form I-864, we didn't send I-864A or any other form with it.

Now during my visa interview, my visa was refused and I was given a white-colored form 221(G) and my case was put on administrative hold. The form 221(G) mentioned that they need form "I-864A" between my father and brother-in-law. Now I am confused as they already have one I-864A (in which my brother-in-law is a house-hold member and my father has signed as a sponsor) but now they are asking for it again. This means that the one sent before was incorrectly filled? So this time, should my brother-in-law fill the form as a household member or should my father fill it as household member? I am baffled as to who should be the household member and who should be the sponsor in this I-864A ?

I would really appreciate your help and any information that you could provide in this regard would be of really big help to me.

Thank you!

 

[newacct]

Hello Everyone,

I am currently going through the process of getting US immigration visa and need some help regarding it. My father, who is a also an immigrant, has filled immigration petition for me. Now since he doesn't earn much, he can't financially sponsor me. My brother-in-law, who lives in the same house as my father and is very financially stable, has taken the responsibility of becoming my financial sponsor. Now during the visa process, my father filled the I-864 form (which I think was a mistake as it was to be filled by financial sponsor, which is my brother-in-law). Now I-864A was filled by my brother-in-law as a household member and my father signed the I-864A as a sponsor. After submitting both forms, we got an email from NVC that they have received all the documents but one document is missing that being the form I-864 filled by my brother-in-law. So we again submitted the form I-864 but this time filled by my brother-in-law. As they had only mentioned form I-864, we didn't send I-864A or any other form with it.

Now during my visa interview, my visa was refused and I was given a white-colored form 221(G) and my case was put on administrative hold. The form 221(G) mentioned that they need form "I-864A" between my father and brother-in-law. Now I am confused as they already have one I-864A (in which my brother-in-law is a house-hold member and my father has signed as a sponsor) but now they are asking for it again. This means that the one sent before was incorrectly filled? So this time, should my brother-in-law fill the form as a household member or should my father fill it as household member? I am baffled as to who should be the household member and who should be the sponsor in this I-864A ?

I would really appreciate your help and any information that you could provide in this regard would be of really big help to me.

Thank you!

First of all, the petitioner (your father) is always a sponsor and must always fill out an I-864, even if their household income is not enough. So it was definitely not a mistake that your father filled out his I-864. There are two potential ways to do it:

1) Your brother-in-law acts as a "household member" of your father. In this case, your brother-in-law fills out an I-864A, and his income is added into your father's I-864 as "person 1", and both of their incomes add to come up with your father's "household income", which needs to be high enough. Or

2) Your brother-in-law acts as a "joint sponsor". Your brother-in-law fills out a separate I-864 (in addition to the I-864 that your father fills out). Neither of them count the other person's income on their I-864. Your brother-in-law may count any of his own household members' incomes, if he needs to and if he has any (e.g. his spouse). If he counts any of his own household members' incomes, those people need to fill out I-864As. Your brother-in-law's household income on his I-864 needs to be high enough. Your father still has to fill out an I-864 but his household income doesn't need to be high enough in this case.

In order to do #1, your brother-in-law must be counted in your father's household in Part 5. In order to do that, your brother-in-law must either be claimed as a dependent by your father on your father's taxes (which is unlikely), or your brother-in-law must be a relative living in the same residence as your father. The instructions just list the relatives of "your mother, father, sister, brother or adult children", so I am not sure a son-in-law would qualify. So being a "joint sponsor" is probably the best option.

 

[Shajee Afzal]

First of all, the petitioner (your father) is always a sponsor and must always fill out an I-864, even if their household income is not enough. So it was definitely not a mistake that your father filled out his I-864. There are two potential ways to do it:

1) Your brother-in-law acts as a "household member" of your father. In this case, your brother-in-law fills out an I-864A, and his income is added into your father's I-864 as "person 1", and both of their incomes add to come up with your father's "household income", which needs to be high enough. Or

2) Your brother-in-law acts as a "joint sponsor". Your brother-in-law fills out a separate I-864 (in addition to the I-864 that your father fills out). Neither of them count the other person's income on their I-864. Your brother-in-law may count any of his own household members' incomes, if he needs to and if he has any (e.g. his spouse). If he counts any of his own household members' incomes, those people need to fill out I-864As. Your brother-in-law's household income on his I-864 needs to be high enough. Your father still has to fill out an I-864 but his household income doesn't need to be high enough in this case.

In order to do #1, your brother-in-law must be counted in your father's household in Part 5. In order to do that, your brother-in-law must either be claimed as a dependent by your father on your father's taxes (which is unlikely), or your brother-in-law must be a relative living in the same residence as your father. The instructions just list the relatives of "your mother, father, sister, brother or adult children", so I am not sure a son-in-law would qualify. So being a "joint sponsor" is probably the best option.

Thank you for your quick response.

Well my brother-in-law and father, both, have filled separate I-864 forms so I think that point #2 (Joint sponsor) is my case. Now I am still confused as to who is going to be the household member declared in the I-864A form? My father or my brother in law? I have already sent them I-864A before my interview, which was filled by my brother-in-law's detail (as a household member) and was signed by my father (as a sponsor) but apparently it was either incorrect or they still need another I-864A. This time, should I let my father be the household member and my brother-in-law sign as sponsor ?

 

[whitemimauz3]

Provide them new I-864 from your brother in law as joint sponsor. Can your brother in law be claimed dependent & as part of your father's household ? If it is Yes then I think I-864A is appropriate otherwise separate I-864 joint sponsor.

 

[newacct]

Thank you for your quick response.

Well my brother-in-law and father, both, have filled separate I-864 forms so I think that point #2 (Joint sponsor) is my case. Now I am still confused as to who is going to be the household member declared in the I-864A form? My father or my brother in law? I have already sent them I-864A before my interview, which was filled by my brother-in-law's detail (as a household member) and was signed by my father (as a sponsor) but apparently it was either incorrect or they still need another I-864A. This time, should I let my father be the household member and my brother-in-law sign as sponsor ?

If your brother-in-law is a joint sponsor, and his own income is enough for his household size, he does not need to use income from a "household member" and nobody needs to fill out an I-864A.